Irrefutable (18 page)

Chapter Twenty-Three

Alex picked up the phone on his desk and called dispatch. “Could you please page Janet Freeman, the SANE nurse, to my number please? Thanks” He hung up the phone and thought about what to say to her. He couldn’t just come out and say her boyfriend says she’s framing him for rape.

His phone rang within seconds. “Mendez.” He said.

“Hey Alex, this is Janet. You paged me?”

“Hey, sorry to bother you. Are you working today?”

“I go in at seven tonight. Why?”

“Could you come by the station? Our forensic technician has some questions about one of the evidence kits.”

“Sure, I guess so. What kind of questions?”

“I don’t know. That stuff’s over my head. How soon could you be here?”

“Give me thirty.”

Alex returned to the interview room. “Janet’s coming in to talk to us. She’ll be here in about half an hour. I’m sending you back to the holding cell until after I’ve talked with her.”

A jailer placed Michael back in handcuffs and led him from the room. “She’ll deny it, of course. She’ll feed you a line of crap and you’ll believe her. She’s a manipulative bitch.” Michael said over his shoulder as he was led down the hall.

“So, how’d it go?” Samuels asked, meeting Alex in the hall.

“He says he didn’t do it.”

“That’s what he’s supposed to say, right?”

“He said his girlfriend is setting him up. She’s planting his semen in the evidences kits.” Alex said.

“How’s she doing that?” Samuels laughed.

“She’s our SANE nurse.” Alex said as he walked toward the break room.

Samuels didn’t follow for a few seconds. She stood, looking ahead at nothing, her brow furrowed. “That’s it.” She said, finally following Alex into the break room. “That’s why there weren’t any victim cells on the swab.”

“What are you talking about?”

“When you were out, Sean came to tell me that there was something strange about the evidence from the last victim. He said there were no victim’s cells on the vaginal swab, like it was never inserted into her vagina.”

“When were you going to share this information with me?” Alex said. He had a look of disgust, but not surprise, as he stirred his coffee.

“I’m sorry. I forgot about it. It was shortly after that, that he gave us the name of the match.” Samuels said. “So, are you going to talk to her about it?”

“She’s on her way in now.” Alex said, “At least now I have something to talk about.”

Alex walked down the hall to the forensics lab. He thought about what Michael was trying to tell him, but it made no sense. He had known Janet for over four years. Surely he wasn’t that bad at judging character. Sure, Janet was a little odd, but she certainly wasn’t someone who could frame an innocent man, while the real rapist was out there, able to continue his spree, was she? Alex learned long ago to question everything, no matter how compelling. Not everything is as it seems, is the very code detectives live by, but now he had to question his own powers of observation.

He swiped his ID card in the electronic lock and the door opened. Like always, he felt intimidated by all of the equipment. There were large machines with clear covers protecting small metal tubes and lights. There were small tabletop machines of all sorts. There were half a dozen microscopes on various counter tops, and containers of different colored liquids. It all looked very scientific. He felt reassured in his decision to become a detective and not a forensics tech. He made his way to Sean’s office on the far side of the lab. “Samuels tells me you had questions about the evidence on the last rape victim.”

“Not really a question,” Sean said, “I was just passing my observation on to her.”

“What exactly is the problem?”

“Normally, when you insert a cotton swab into an orifice, there will be cells on the swab. They are removed from the tissue by the friction of the swab.” Sean explained. “On the vaginal swab in this kit, there were no epithelial cells from the victim.”

“So you don’t think the swab was ever placed inside the victim?”

“No, I don’t,”

“How could you explain that?” Alex said. “I have the nurse who collected the evidence, coming in to talk to us.”

“The only explanation I can think of would be that there was semen leaking from the vagina and it was swabbed from outside the orifice. But, I would still expect to see a few of the victim’s cells in the drainage.”

“What if the semen was never inside the victim at all?” Alex asked. “What if it was placed on the swab without ever coming in contact with the victim?”

“That would be a possible explanation.” Sean admitted, “I hadn’t thought of that.”

“Could you come with me to talk to her, just as a technical support guy?”

“Sure, but I don’t get involved in interrogations.”

“Don’t worry, that’s my specialty.” Alex smiled.

_________

Janet was led to Alex’s office by the duty sergeant. “So this is where you put all the puzzles together and bust the bad guys.” She said looking around the cluttered office.

“This is it. Why don’t we go to one of the interview rooms? This office is a mess.” Alex led her down the hall to interview one. He opened the door and motioned for Janet to have a seat. “I’ll let Sean know you’re here, be right back.” Alex left the room and went to the video monitor. He watched for a few minutes as Janet sat quietly, patiently waiting. He called Sean to meet him in the room.

“Janet, this is Sean Miller. He is our lead forensic technician.”

Janet stood and extended her hand. Sean shook her hand and sat across from her, in the chair next to Alex.

“I was wondering,” Alex began, “could you walk us through your, procedure, when you collected this kit?”

“Which one is that?” Janet asked.

“The last one, Tracy Blackwell.”

“Okay. I did the interview, like always. Then, I took pictures of her external injuries, you know, abrasions, bruises. Then I did a thorough external exam. I noted the size and location of all visible injuries and identifying marks, tattoo, scars and such. Then I did the collection of physical evidence.”

“What were the steps in that?” Sean asked.

“Geez, I feel like I’m in court, being questioned by a defense attorney.” Janet said.

“I’m sorry. We just need to clarify a couple of things.” Alex said “Please, continue.”

“Well, let’s see, I did the oral swab, inside both cheeks and under her tongue. I did the anal swab and then did the vaginal swab. Then…”

“So you did do a swab inside the vagina?” Sean asked.

Alex shot him a look.

Janet saw the look on Alex’s face when Sean asked the question. She raised an eyebrow and leaned back in her seat crossing her arms.

Alex saw her guard go up. “I’m sorry. You were saying, you did a vaginal swab.”

“Yes, I did a vaginal swab. Then I noticed a dry residue on her pubic area just over the bone. I looked at it under a UV light and it fluoresced, telling me it was semen. I took another swab, an individually packaged one, and dampened it to collect the sample.”

“What did you do with that swab?” Alex said.

“I placed it in the kit. There wasn’t a protective sleeve for all four swabs, so I threw out the vaginal sample to make room for the last one. I figured it would offer a cleaner specimen.”

Alex looked at Sean for a response. “Would that satisfy you?” he asked.

“It offers a reasonable explanation.” Sean said, shrugging his shoulders. “I’m good with it.”

“Thanks for coming.” Alex dismissed Sean and returned his attention to Janet.

“What’s this all about?” Janet asked when Sean was out of sight.

“Do you know a Michael Dupree?” Alex asked.

Janet leaned back in her chair. “Yea, we lived together for a couple of years. We separated about six months ago. Why?”

“How long has it been since you saw him?”

“I don’t know, three, four months. Why?” She asked again.

“We matched his DNA to that from the first two victims.”

Janet’s face froze. Her mouth open slightly and her eyes open wide. “No shit?” she said finally. “You’ve got to be joking. Oh my God.” She covered her face with both hands and looked toward the floor.

“You think that’s a surprise, wait ‘til you hear what he’s saying.” Alex tried to prepare her for the next bombshell. “He says you are trying to frame him. He’s telling us you planted his semen in the kits.”

Janet slowly looked up at Alex. The color visibly drained from her face.

Alex saw a vessel begin to pulsate in her right temple. “Why would he tell such a tall tale?” he asked.

“Because he’s backed into a corner.” She said. “He’s trying to explain away the fact that his semen was found in those women.” Janet stood and began to pace behind the chair. “It’s awfully convenient that his ex-girlfriend is a SANE nurse, don’t you think?” She stopped and looked at Alex. “He couldn’t use that excuse if he was seeing secretary or a flight attendant.”

Alex watched and listened as she explained how Michael would use the obvious connection to his advantage. He looked for signs of stress, any hint that she was lying. She was very sure of her story. Could it be that Michael was sharp enough to have seen this as an out, before he ever began the assaults? Or was he telling the truth about Janet planting the evidence? Both sides had compelling explanations, but he didn’t know Michael or what he was capable of. He had known Janet for some time and had never seen her do anything that even bordered on the unethical.

“Have you checked Michael’s background?” she asked, after a period of silence.

“That would be our next step.”

“You may find some interesting things.” She said, now pacing with her arms folded across her chest.

“Like what?”

“Like, he was convicted of sexual misconduct when he was sixteen. I’m not sure of the circumstances, but he was a minor and his record was expunged. He’s not required to reveal it if asked on a job application or anything.”

“And how did you find this information?”

“Come on, I lived with the man for two years.”

Alex leaned back in his chair and tossed the files of the victims on the table. “Alright, that’s all I needed.” He stood and opened the door for Janet. “Thanks for coming over.”

Janet walked toward the exit then stopped and turned toward Alex. “Surely you don’t think I would do something like that. Do you?” She looked into his eyes without blinking. “You know my history. You know what that monster did to me. I vowed to never allow another creature like that go free.” She was now speaking through clenched teeth. “If I was planting evidence to frame someone, that’s exactly what I’d be doing, letting the real rapist get away with it.” She glared at Alex.

“No, I could never see you do anything like that.” he said. “I believe you.”

“By the way, do you have the DNA from the last victim yet?”

“No not yet. Why?”

“No reason really, I was just curious if it matched the others.”

“I expect it will. Everything else is the same.” Alex said, “But, we’ll let you know.”

“You do that.” Janet forced a smile and left the room.

Alex sat, propped his feet on the table and opened the folder. “What am I missing?”

He flipped through several pages then tossed the folder on the table. Something about the swabs still bothered him.

Chapter Twenty-Four

Chelsea’s Diner was always busy for lunch. Being this close to the station made it a favorite for cops. Alex was lucky to find a place with at least some privacy. He grabbed a booth near the back as two uniformed officers vacated it.

“It’s definitely a unique situation. I’ve never seen or heard of anything like it.” Rachel said. “A jury could certainly see it as reasonable doubt. I would, if I were a juror.”

“I believe Janet.” Alex said. “She made a good point as she was leaving.”

“What was that?”

Alex leaned across the table toward Rachel and spoke softly. “Her father molested her, evidently for several years.”

“Oh my God,” Rachel covered her mouth. “I didn’t know that.”

“Her mother knew, but refused to accept it. Janet said she tried to tell her, but her mom accused her of making it up. Anyway, her father was charged but the case was dismissed for lack of evidence. She told me that’s why she became a SANE nurse, to do her part to see that no rapist would ever get away with it again.” Alex paused and sipped his water. “So, the question is, why would she frame an innocent person, even if there was bad blood between them, and as a result, allow the real monster to go free?” He sat up in his seat as his sandwich arrived.

“What if…” Rachel paused to finish chewing her bite of salad. “What if she was doing it to protect someone?”

“Who could she possibly protect by doing that?”

“The real rapist.” Rachel said.

Alex grinned and let out a snicker.

“I know this sounds bazaar, but hear me out.” She said. “You know how they say that women are drawn to men like their fathers? What if she had gotten into a relationship with someone who, even if she didn’t realize it at the time, was just like her father?” Rachel paused, looking for a sign that Alex understood what she was trying to say. She saw none. “What if her new lover turned out to be a rapist, but he treated her well and she loved him? She might try to protect him and use the opportunity to take out someone else that she had a grudge against.”

Alex was not even trying to hide the laughter now. “And who do you think this lover, slash, rapist might be?”

“You’re kidding, right?” Rachel started to take another bite of salad then stopped. “I thought you were the detective here. Anyone who has been through that as a child is bound to be scarred. There’s no telling what kind of irrational things they’re capable of.”

The smirk disappeared from Alex’s face as he realized what she was saying.

“She works with the man, so she sees him all the time. He’s in a position of respect, not to mention he makes a pretty decent living.” Rachel said. “And, he fits the profile.” She flipped her fork for emphasis, flinging a dressing soaked crouton toward Alex

“Levine.” Alex said quietly, ignoring the flying food.

“That’s why there was no physical evidence tying him to the victims. She’s his safety net.” Rachel ate the salad that remained on her fork.

All the pieces were falling into place. “But, I can’t go after him again until we have some sort of evidence.” Alex said. “I can’t risk getting suspended again.”

“It’s just a theory.” She said. “I wouldn’t put much stock in it, at least until you talk to Dupree again. Let’s tighten the screws on him and see if he changes his story.”

“Let’s?” Alex sounded surprised. “Are you coming with me?”

“Are you kidding? I
can’t
miss this.”

Alex finished his sandwich. His mind sorted through all of the evidence, all of the wild accusations, all the bazaar theories. He’d never had to deal with so many perfectly plausible possibilities in one case. This was indeed, stranger than fiction.

_________

Alex and Rachel watched the monitor as Michael was placed back in the interview room. “Are you ready?” Alex asked.

“I’ll follow you.”

Alex placed his gun in the safe.

“Why did you do that?” Rachel asked.

“Department policy. We can’t risk a prisoner overpowering an officer and getting his gun.”

“I guess that makes sense,” she said.

Alex opened the door and they entered the room where Michael was seated.

“Mr. Dupree, you remember Ms. Summers, with the DA’s office.” Alex said. Michael nodded toward Rachel but said nothing.

“Do we need to remind you of your rights?”

“I remember.” Michael said. He raised his cuffed hands and tapped his right temple with his finger.

“Would you like me to remove those?” Alex asked.

Michael nodded and held his hands toward Alex.

“We talked to Ms. Freeman.” Alex said as he removed the handcuffs and sat in the chair across from Michael.

“And?”

“She brought up an interesting point. She said that you could use her position as a get out of jail free card.”

“What the hell is that supposed to mean?”

Rachel leaned toward Michael, “What it means, Mr. Dupree, is that you could have planned these attacks, knowing all along, that you could claim that Ms. Freeman was planting evidence.”

“That’s bullshit.” Michael argued, “What possible reason could I have for raping women?”

“There are all kinds of reasons men rape.” Alex said.

“But, the problem we have with your story,” said Rachel, “is the person you tried to use as your alibi, is the same person you say is trying to frame you.” Rachel starred at Michael for a moment. “So which part of your story are we supposed to believe?”

“Do you think I would’ve given you my DNA if I was guilty?”

“Yes. If you had a safety net, like your girlfriend being the person gathering the evidence.

“Mr. Dupree,” Alex said, “we have three documents from your employer that shows you had contact with all three victims.” Alex tapped the table with his outstretched index finger to emphasize his words, “We have your DNA, found in the first two victims, and the best you can come up with is your girlfriend is framing you?” Alex paused to allow him time to respond, but Michael sat silent staring at the wall behind Alex. “You initially told me that you were with your girlfriend all night, on all the dates that the rapes occurred.” Alex flipped through his small note pad looking for the first interview.

“Then you told me that you had never heard of any of the victims. We know those were both lies, because Ms. Freeman said you hadn’t been together for six months.” He watched Michael’s body language, looking for any tell tale sign that he was about to lie.

“I told you, she wanted to try again, on two separate occasions, but it didn’t work out.” Michael shouted. “That’s when she got my semen. We had sex and she saved it.” He pounded the table with his fist, then leaned back in his chair and sat silently for several seconds. “That sick bitch.”

Alex stared at Michael for several seconds. “Alright. I don’t think we’re getting anywhere.” He stood. “We’re going to give you a little break, some time to gather your thoughts. We’ll be back in the morning.”

Alex and Rachel left the room and walked up the hall toward the call room to his desk. “Do you believe him?” Alex said.

“I don’t know. He comes off a little cocky, but he has a good story.”

“I want to let him absorb everything tonight and hit him again in the morning.” Alex grabbed his blazer and retrieved his gun from the safe. “I’ll see you later.”

“Just like that? You’re leaving?” Rachel put her hands on her hips.

“Just like what? We’re finished here. I’m tired. I’m going home.” Alex straightened his jacket collar and grabbed his briefcase. “If you want, you can come back in the morning. I’ll be here around ten.”